Originally Posted by
JPaul
Due process can be a bitch sometimes.
However, if as boab says there is a doubt as to the accuracy of this evidence then the defendant has a right to question it. Particularly when the burden of proof is on the prosecutor.
If the judges think the right to commercial confidentiality outweighs the consequences of letting drink drivers walk away from the case then it is a shame indeed.
they should just do away with the breath test and take blood. Problem is it takes time for the reslts to come back, so perhaps use the breathalizer to hold someone overnight, take the blood while they are in custoday, then have the results ready for court. I too lost a friend who decided to drive drunk one night, 1 month after I had taken his keys from him on a business trip in Pennsylvania that we took together.
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